Order No. 1992-R-390

November 3, 1992

November 3, 1992

IN THE MATTER OF an application by Canadian Pacific Limited (hereinafter the applicant), pursuant to section 160 of the National Transportation Act, 1987, R.S.C., 1985, c. 28 (3rd Supp.) (hereinafter the NTA, 1987), for authority to abandon the operation of the segment of the Port McNicoll Subdivision between Uhthoff (mileage 7.3) and Medonte (mileage 14.1) (hereinafter the branch line), a total distance of 6.8 miles, in the Province of Ontario.

File No. T 6120/192


WHEREAS the application was received by the National Transportation Agency (hereinafter the Agency) on July 17, 1992;

AND WHEREAS notice of the application was given by the applicant pursuant to subsection 160(5) of the NTA, 1987;

AND WHEREAS the Agency received a notice of opposition to the proposed abandonment of the operation of the branch line from Lande & Associates, on behalf of Nelson Aggregate Co.;

AND WHEREAS the notice of opposition did not set forth the grounds related to the matters to be considered under section 167 of the NTA, 1987 on which Nelson Aggregate Co. opposes the application, as required by section 161 of the NTA, 1987, within the period prescribed therein;

AND WHEREAS the Agency is of the view that since no grounds were given in support of the notice of opposition, it cannot be considered as opposition to the application under section 161 of the NTA, 1987;

AND WHEREAS no offer to purchase the branch line has been made pursuant to section 174 of the NTA, 1987 within the period prescribed in section 161 of the NTA, 1987;

AND WHEREAS section 162 of the NTA, 1987 states that where an application is not opposed under section 161 and no offer to purchase the branch line is made under section 174 within the period mentioned in section 161, the Agency shall forthwith order that the operation of the branch line be abandoned;

AND WHEREAS the Agency has reviewed all material received and on file related to the subject application.

NOW THEREFORE, IT IS ORDERED THAT:

Pursuant to section 162 of the NTA, 1987, the applicant shall abandon the operation of the segment of the Port McNicoll Subdivision between Uhthoff (mileage 7.3) and Medonte (mileage 14.1), a total distance of 6.8 miles, in the Province of Ontario, thirty (30) days from the date of this Order.

THE AGENCY HEREBY REQUESTS THAT:

The applicant advise the Agency in writing of the dates upon which:

  1. the operation of the segment of the Port McNicoll Subdivision has been abandoned, and
  2. the trackage and other facilities were removed.
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